Find Court Cases > A135842 State v. Fry

A135842 State v. Fry

Case Date: 03/24/2010
Docket No: 06092050A135842


FILED: March 24, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

BRYAN ALLEN FRY,

Defendant-Appellant.

Linn County Circuit Court
06092050
A135842

John A. McCormick, Judge.

Submitted on July 28, 2009.

Peter Gartlan, Chief Defender, Appellate Division, and David Ferry, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erick L. Hadlock, Acting Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General, filed the brief for respondent.

Before Rosenblum, Presiding Judge, and Brewer, Chief Judge, and Riggs, Senior Judge.

BREWER, C. J.

Conviction on Count 1 reversed; remanded for resentencing; otherwise affirmed.

Rosenblum, P. J., dissenting.

BREWER, C. J.

Defendant was convicted of three counts of third-degree assault, ORS 163.165, and one count of first-degree burglary, ORS 164.225.